80996 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD525] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Two Groundfish 

Species in the Bering Sea and Aleutian 

Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; apportionment 

of reserves; request for comments. 

SUMMARY: NMFS apportions amounts of 

the non-specified reserve to the initial 

total allowable catch (ITAC) of Alaska 

plaice and skates in the Bering Sea and 

Aleutian Islands (BSAI) management 

area. This action is necessary to allow 

the fisheries to continue operating. It is 

intended to promote the goals and 

objectives of the fishery management 

plan for the BSAI management area. 

DATES: Effective November 20, 2023, 

through 2400 hours, Alaska local time, 

December 31, 2023. Comments must be 

received at the following address no 

later than 4:30 p.m., Alaska local time, 

December 5, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by docket 

number NOAA–NMFS–2022–0094, by 

any of the following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0094 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Mail: Submit written comments to 

Gretchen Harrington, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. Mail 

comments to P.O. Box 21668, Juneau, 

AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the BSAI 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR parts 600 and 679. 

The 2023 ITAC of Alaska plaice in the 

BSAI was established as 14,875 metric 

tons (mt) and the 2023 ITAC of skates 

in the BSAI was established as 23,325 

mt by the final 2023 and 2024 harvest 

specifications for groundfish of the 

BSAI (88 FR 14926, March 10, 2023), 

correction (88 FR 18258, March 28, 

2023), and revision (88 FR 66296, 

September 27, 2023). In accordance 

with § 679.20(a)(3) the Regional 

Administrator, Alaska Region, NMFS, 

has reviewed the most current available 

data and finds that the ITACs for Alaska 

plaice and skates in the BSAI need to be 

supplemented from the non-specified 

reserve to promote efficiency in the 

utilization of fishery resources in the 

BSAI and allow fishing operations to 

continue. 

Therefore, in accordance with 

§ 679.20(b)(3), NMFS apportions from 

the non-specified reserve of groundfish 

to ITACs in the BSAI management area 

as follows: 3,000 mt to Alaska plaice 

and 4,000 mt to skates. These 

apportionments are consistent with 

§ 679.20(b)(1)(i) and do not result in 

overfishing of any target species because 

the revised ITACs and total allowable 

catches (TACs) are equal to or less than 

the specifications of the acceptable 

biological catch in the final 2023 and 

2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023), correction (88 FR 

18258, March 28, 2023), and revision 

(88 FR 66296, September 27, 2023). 

The harvest specification for the 2023 

ITACs and TACs included in the harvest 

specifications for groundfish in the 

BSAI are revised as follows: 17,875 mt 

for Alaska plaice and 27,325 mt for 

skates in the BSAI. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion, 

and would delay the apportionment of 

the non-specified reserves of groundfish 

to Alaska plaice and skates in the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of November 7, 

2023. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

Under § 679.20(b)(3)(iii), interested 

persons are invited to submit written 

comments on this action (see 

ADDRESSES) until December 5, 2023. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 15, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–25728 Filed 11–20–23; 8:45 am] 

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